Objections raised against Marriage Amendment Bill 2013 are available in detail in below link. The objections have been solicited from a group of 40+ NGO’s in India and their views are consistent with the one mentioned in the Link.
Save Family Foundation is a part of 40+ NGO Conglomerate, namely, “Save Indian Family Movement”. The movement, since 2005, has been working towards creating a balanced society and achieves family harmony. The Movement has helped crores of Indian Families in past 10 Years and saved many families.
With this letter, we hereby want to register very serious and strong objection to the process followed for the Introduction of Marriage (Amendment) Bill. As per the latest news reports and as per our phone calls to the Legislative Department of Law Ministry, it is understood that the Government is about to Introduce a new Law, Marriage (Amendment) Bill in this Winter Session. The draft bill is to change Hindu Marriage Act, 1955 and Special Marriage Act.
We wish to bring to your kind notice:
- This is the same Draft law which never saw the end of tunnel during previous government as BJP itself realized how disastrous this law was for Hindu Family and Hindu Men.
- The Bill was struck down by various segments of society and even ministries and got wide International doubts & wrong attention on India’s capability by proposing such a draconian law.
- Internationally, in similar law, Property division are purely on individual’s financial contribution to property and duration of marriage and also base on conduct of both the parties. UPA government came under pressure of few Anti-Male Organizations and proposed a wrong bill in haste and later BJP came to rescue of Hindu Men.
- BJP realized the threat this Bill posed to both Economy and the Family system as:
- Hindu Men would stop buying Property and thus Economy will crash.
- Hindu Men would stop marrying thus reducing the Hindu Population.
- Hindu Men would be forced to marry their own sisters or convert to other religion.
- Husband Suicide, which is largest in India, would increase further.
- Previous & any similar Bill is constitutionally wrong as it’s drafted in absolute non-adherence of Hon’ble Supreme Court Guidelines to draft an only No-Fault Divorce and NOT the Property Division.
- Previous & any similar Bill is constitutionally wrong as it is formed by inputs from Women Development Ministry and National Commission of Women and thus totally ignores Men who are equally effected by any change of Marriage Laws.
- Previous & any similar Bill is constitutionally wrong as it makes the current Gender Neutral Hindu Marriage Act as Anti Male too.
Inspite, of all the above realities, it is really SHOCKING to see that the New Visionary Government, under a dynamic leadership, has taken the same route as previous Government for this Bill.
With this letter, we also wish to bring to your kind notice the CLEAR VIOLATION that Legislative Department has done while processing the new Draft. As per, Pre-Legislative Consultation Policy (PLCP), decided on 10th January 2014, it was decided, that
“The Department / Ministry concerned should publish / place in public domain the draft legislation or at least the information that may inter alia include brief justification for such legislation, essential elements of the proposed legislation, its broad financial implications, and an estimated assessment of the impact of such legislation on environment, fundamental rights, lives and livelihoods of the concerned / affected people, etc. Such details may be kept in the public domain for a minimum period of thirty days for being proactively shared with the public in such manner as may be specified by the Department / Ministry concerned.”
We bring to your attention to this Notification dated 5th February 2014, D.O. No. 11 (35) / 2013-L.I., which mandates the ministry to Publish the Draft Legislation in Public Domain for ATLEAST 30 days and infact notify the affected people. Unfortunately, the current draft clearly violates this very important procedure laid down by the Committee of Secretaries (CoS) under the Chairmanship of Cabinet Secretary.
We also wish to submit to you that any of such procedures of Lapsed Bill are NOT applicable to similar Draft Legislation and hence the Draft which saw widespread Public concerns / panic, cant be pushed again without having passed the Constitutional Procedures Laid down in a Democracy.
With this Letter, we hereby Pray to you for:
- Immediately, stop the process of the current Marriage (Amendment) Bill as it violates Fundamental Rights of Citizens in a Democracy.
- Issue the Draft for Public Opinion and responses on the Draft Bill.
- Involve Stake holders of similar stature in drafting procedure i.e. if there are no Men’s Rights Authority (like National Commission of Men) who are part of drafting then even Ministry of Women and Child Development and National Commission of Women MUST not be allowed to participate in this procedure.
- Initiate the process of formation of National Commission of Men involving bodies who have been working for Men for years to bring the equitable balance back into the society in terms of Laws and Law Making process.
- Initiate a Parliamentary Committee procedure to relook at the Draft and see if there is a Need of such a law and if it is as per the Guidelines of Hon’ble Supreme Court or being formed under pressure of some interested parties.
Looking forward to your kind help and support and immediate action as per the Prayer.